Patents Laws in Gambia
The Gambia's patent laws are primarily governed by the Industrial Property Act (Act No. 12 of 1989), which was enacted in 1989 and came into force on April 2, 2007. This Act provides the legal framework for the protection of patents, utility models, trademarks, trade names, and geographical indications in The Gambia. It also established the Registrar General's Department under the Ministry of Justice as the competent authority for administering industrial property rights in the country .
🧾 Patent Protection in The Gambia
1. Patent Eligibility
Criteria: Inventions must be novel, involve an inventive step, and be industrially applicable.
Exclusions: The Act specifies certain exclusions, such as inventions that are contrary to public order or morality.
2. Application Process
Filing: Patent applications can be filed directly with the Registrar General's Department or through regional systems like the African Regional Intellectual Property Organization (ARIPO).
Documents Required:
Completed application form.
Detailed description of the invention.
Claims defining the scope of protection.
Drawings or diagrams, if applicable.
Proof of priority claim, if applicable.
Payment of the prescribed fees
3. Examination and Grant
Examination: The Registrar General's Department conducts a formal examination to ensure compliance with the legal requirements.
Grant: If the application meets all criteria, a patent is granted, conferring exclusive rights to the inventor.
4. Duration and Maintenance
Initial Term: A granted patent is valid for 15 years from the filing date.
Extension: The protection term can be extended by an additional 5 years, provided that proof of using the patent is furnished.
Annuities: Annual fees are payable from the first anniversary of the filing date. A grace period of six months is allowed for late payment, subject to a penalty. If the annual fee is not paid within the grace period, the patent lapses .
Paris Convention: The Gambia is a member, allowing applicants to claim priority from earlier filings in other member countries.
Patent Cooperation Treaty (PCT): The Gambia is a signatory, enabling applicants to file international patent applications that can be extended to The Gambia during the national phase.
ARIPO: The Gambia is a member, facilitating regional patent protection through the Harare Protocol .
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